| Question And Answer | |
|---|---|
| Subject: | Whether unequal partition of Hindu Undivided Family (HUF) property is permitted ? |
| Category: | General Law, Income-Tax |
| Querist: | Moti |
| Answered by: | Advocate Rahul Hakani |
| Tags: | Hindu Undivided Family, HUF, Unequal Partition |
| Date: | May 15, 2021 |
DEED OF TOTAL PARTITION WAS REGISTERED AND STAMP DUTY AT TWO PERCENT WAS PAID.
ONE COPARCENAR WAS GIVEN RESIDENTIAL HOUSE , THE MARKET VALUE WAS RS ONE CRORE.
REMAINING FIVE COPARCENARS WERE GIVEN RS TEN THOUSAND EACH BY CASH AND OR CHEQUES.
STAMP DUTY OF RS.ONE THOUSAND WAS PAID WITH REGISTRATION FEES.ALL PROPERTIES TOTALLY PARTITIONED.
THIS IS UNEQUAL PARTITION . IS IT PERMITTED.
PLEASE REPLY WITH CASE LAWS .
Yes unequal Partition is permissible. Kindly refer CGT v N.S. Getti Chettiar (1971) 82 ITR 599 (SC). Member may accept a smaller/larger share on partition or he may renounce his right fully. But Income Tax Department has no right to avoid partition on the ground of inequality. [M.S.M. Meyappa Chettiar v. CIT 18 ITR 586 (Mad) (HC)
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